Terms of Business.
These Terms of Business are between:-
Rhubarb Recruitment Ltd and Individuals seeking to engage Rhubarb Recruitment Ltd work-finding services (“Work-Seekers”)
(1) these Terms are deemed to cover the supply of services by Rhubarb Recruitment Ltd ; and
(2) it is understood that Rhubarb Recruitment Ltd may act in its capacity as Employment Agency (Permanent supply); and
(3) Rhubarb Recruitment Ltd operates in the Hospitality and Catering Recruitment Industry
1.1 In these Terms of Business the following definitions apply:
Assignment means the period during which the Candidate is supplied to render services to the Client
Candidate means the person introduced by Rhubarb Recruitment Ltd to the Client for an Engagement of Permanent nature, including any officer or employee of the Limited Company where the individual supplied is a Limited Company Contractor
Client means the person, firm or corporate body together with any subsidiary or associated company as defined by the Companies Act 1985 and any customer of the Client requiring the services of the Candidate
EAA Regs means the Conduct of Employment Agencies Regulations 2003
Engagement means the use of the Candidate by the Client on a permanent basis, whether under a contract of service or for services; under an agency, license, franchise or partnership agreement, or any other engagement
Introduction means (1) the passing to the Client of a CV or other information which identifies the Candidate following Client’s instructions to RHUBARB RECRUITMENT LTD to search for a Candidate or (2) the interview (in person or by telephone) or Engagement of a Candidate by the Client or any Third Party who has obtained such information through the Client’s intermediation following the passing to the Client by RHUBARB RECRUITMENT LTD of a speculative CV or other information with identifies the Candidate
Job Boards means internet based services enabling Work-Seekers to actively search for suitable vacancies and enabling Clients to actively search for suitable Candidates
Limited Company Contractor means the Candidate whose services are supplied by RHUBARB RECRUITMENT LTD to the Client through a Limited Company
Registration means your completion of a Rhubarb Recruitment Ltd (electronic) registration form or the provision of Your Details to RHUBARB RECRUITMENT LTD in order to be registered as a Candidate on Rhubarb Recruitment Ltd database with a view to using Our Services
Remuneration includes base salary or fees, guaranteed and / or anticipated bonus and commission earnings, allowances, inducement payments, the benefit of a company care and all other payments and taxable (and, where applicable, non-taxable) emoluments payable to or receivable by the Candidate for services rendered to or on behalf of the Client
S8 means Section 8 of the Asylum and Immigration Act 1996 as amended 1 May 2004
Our Services means Rhubarb Recruitment Ltd specialised skills, techniques and resources employed to find You suitable work, which may be of a Permanent or Temporary nature
You means the individual reading these Terms with a view of engaging Rhubarb Recruitment Ltd work-finding services
Your Details means the personal data (including, but not limited to, your CV) you will be requested to provide when registering with RHUBARB RECRUITMENT LTD and any further details that may be required either by law or upon Client’s request, or such details as You may have made publicly available through Job Boards
Your Services means the knowledge, skills, experience and techniques You will employ to perform your Assignment
2.1 Unless the context requires otherwise, references to the singular include the plural and reference to the masculine include the feminine and vice versa.
2.2 The headings contained in these Terms are for convenience only and do not affect their interpretation.
2.3 Personal data of the Work-Seeker will be held by RHUBARB RECRUITMENT LTD in its manual and automated filing systems. The Work-Seeker consents to the processing and disclosure of such data both inside and, where necessary, outside the European Economic Area in order for their services to be performed and this agreement to be fulfilled.
2.4 These Terms contain the whole agreement between the parties and supersede and replace any prior written or oral agreements, representations or understandings between the parties, and in particular shall supersede any terms set out in any invoice, timesheet, or other communication issued by the Work-Seeker to RHUBARB RECRUITMENT LTD.
3.1 These Terms are governed by the law of England & Wales and are subject to the exclusive jurisdiction of the Courts of England and Wales.
4. THE CONTRACT
4.1 These Terms of Business are deemed to be accepted by virtue of your Registration and / or by virtue of your agreement for RHUBARB RECRUITMENT LTD to forward your CV to a Client. RHUBARB RECRUITMENT LTD will not forward your CV to any Client without your permission.
4.2 By agreeing to these Terms of Business it is deemed that you are willing to consider working in any position that we reasonably see as appropriate in line with our area of specialisation which is permanent catering recruitment.
4.3 Rhubarb Recruitment Ltd work-finding services to You are provided free of charge.
4.4 No variation or alteration of these Terms of Business shall be valid unless approved in writing by a Director of RHUBARB RECRUITMENT LTD.
4.5 These Terms will not at any time be considered to constitute a contract of employment between the Work-Seeker and RHUBARB RECRUITMENT LTD or any of its Clients
5.1 RHUBARB RECRUITMENT LTD shall not be liable under any circumstances for any loss, expense, damage, delay, costs or compensation (whether direct, indirect or consequential) which may be suffered or incurred by You arising from or in any way connected with RHUBARB RECRUITMENT LTD seeking suitable work for You or from Rhubarb Recruitment Ltd Introduction of You to or Engagement by the Client or from the failure of RHUBARB RECRUITMENT LTD to find You suitable work. For the avoidance of doubt, RHUBARB RECRUITMENT LTD does not exclude liability for death or personal injury arising from its own negligence.
6. RHUBARB RECRUITMENT LTD OBLIGATIONS
6.1 RHUBARB RECRUITMENT LTD agrees to do the following:-
6.2 At Registration stage
6.2.1 Give You clear information about Our Services and what Terms & Conditions apply to Our Services
6.2.2 Register Your Details in line with current Data Protection requirements and request any further details we may require
6.3 At Search stage
6.3.1 Match your requirements with vacancies on our Database
6.3.2 Confirm your interest in vacancies before passing Your Details to the relevant Client
6.4 At Introduction stage
6.4.1 Pass your details to relevant Client(s)
6.4.2 Provide you with details regarding the position we’ve put you forward for
6.4.3 Where applicable provide you with H&S information relevant to the position
6.4.4 Arrange for an Interview
6.4.5 Inform you of the outcome of your Interview
6.5 At Offer stage
6.5.1 Confirm the Client’s Offer to You
6.5.2 Clarify any questions You might have
6.5.3 Obtain your Acceptance of that Offer
6.6 At Placement stage
6.6.1 The Client will send You your contract and any other relevant documentation.
7. YOUR OBLIGATIONS
7.1 You agree to do the following:-
7.2 At Registration stage
7.2.1 Provide RHUBARB RECRUITMENT LTD with complete and accurate personal details as requested by your RHUBARB RECRUITMENT LTD consultant or as per the Registration Form
7.2.2 Provide RHUBARB RECRUITMENT LTD with proof of your eligibility to work in the UK (see also clause 8.2 below)
7.2.3 Provide RHUBARB RECRUITMENT LTD with names and contact details of at least 2 professional referees
7.2.4 Provide RHUBARB RECRUITMENT LTD with copies of any qualifications relevant to the type of work you are looking for
7.3 At Search stage
7.3.1 Give RHUBARB RECRUITMENT LTD permission to pass your details to those Clients whose vacancies you are interested in.
7.3.2 Provide RHUBARB RECRUITMENT LTD with any additional documentation the Client may require in order for you to be considered for the vacancy.
7.4 At Introduction stage
7.4.1 Attend any Interviews arranged for You by your RHUBARB RECRUITMENT LTD consultant
7.6 At Placement stage
7.6.1 Commence Your Services on the date and time agreed
8. ELIGIBILITY TO WORK IN THE UK
8.1 RHUBARB RECRUITMENT LTD cannot arrange for your Employment by or Engagement to a Client unless You can provide proof of your eligibility to work in the UK as required under S8.
8.2 The preferred documents that prove your Eligibility to Work in the UK are:-
8.2.1 A valid British, EAA or Swiss passport or National Identity card;
8.2.2 A COMBINATION of (i) full birth certificate issued in the UK, Channel Islands or Isle of Man showing names of both parents, AND (ii) an official document showing your name and National Insurance number (such as your National Insurance card, a P45 / P60 or a letter from a Government agency).
8.3 If You cannot provide proof of Eligibility to Work in the UK in the form of either 8.2.1 or 8.2.2 above You should contact your RHUBARB RECRUITMENT LTD consultant straightaway as your eligibility may be proven by alternative combinations of documents.
9.1 RHUBARB RECRUITMENT LTD will seek to match your requirements with vacancies on its own database. RHUBARB RECRUITMENT LTD will match your requirements with Permanent vacancies unless You indicate otherwise.
10 HOW TO RAISE A COMPLAINT
11.1 RHUBARB RECRUITMENT LTD Complaints should in first instance be addressed to your RHUBARB RECRUITMENT LTD Consultant. In the event that a complaint cannot be settled with your RHUBARB RECRUITMENT LTD consultant You should contact a Senior Manager at Rhubarb Recruitment Ltd on 0117 972 8117 or email email@example.com.